Loretta Suiwen Shen, Sarah Bonita, Joshua Lie, Timothy Go [2015] NSWCATCD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loretta Suiwen Shen, Sarah Bonita, Joshua Lie, Timothy Go [2015] NSWCATCD 49 Hearing dates: 24 February 2015 Decision date: 25 June 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1 Sarah Bonita and Joshua Lie each are jointly and severally liable to pay to Loretta Shen the sum of $27,166.69 plus interest at 12% per annum from 11 July 2013 from the date of the publication of these Reasons. 2 Subject to written submissions no order as to costs. Catchwords: Leases and tenancies, destruction of unregistered lease on registration of transfer, guarantors liability, duty to mitigate loss Legislation Cited: Conveyancing Act 1919 NSW Retail Property Act 1900 NSW Retail Leases Act 1994 NSW Transfer of Land Act 1958, VIC Cases Cited: Blandino & Ors v Giardini & Ors [2008] NSW ADP 5 Daily Pty Ltd v Wallis [2013] NSW ADT 152 Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd (2008) 244ALR1 Heggies Bulkhaul Ltd v Global Minerals Australia Pty Ltd (2003) 59 NSWLR 312 Kemp v Lumeah Investments Pty Limited (1983) 3BPR 9203 Leros Pty Ltd v Terara Pty Ltd (1992) 174CLR407 Lighting by Design (Aust) Pty Ltd v Cannington Nominees Pty Ltd (2007) WASC 88 Lighting by Design v Cannington Nominees Pty Limited (2008) WASCA 23 Mercantile Credits Ltd v Shell Company of Australia Limited (1971) 136 CLR 326 Pickard v Sears (1837) 112 ER 179 Primewest (Mandurah) Pty Ltd v Ryom Pty Ltd (2014) WASCA 28 Vale v Rosychamp [2008] NSWSC 1373 Yan Gu v Panetta [2014] CATCD 247 Texts Cited: Fox Annotated Transfer of Land Act, 2nd Ed. Law Book Co, 1989 Land Law, Peter Butt, 5th Ed, Law Book Co, 2006 Westlaw, Thompson Reuters Category: Principal judgment Parties: Loretta Suiwen Shen (applicant) Sarah Bonita (first respondent) Joshua lie (second respondent) Representation: Counsel: Serge Galitsky (applicant) Ralped Notely (first respondent) Self (second respondent) Solicitors: Websters (applicant) Nicholas George (first respondent) File Number(s): COM 14/45276 Publication restriction: Nil